Federal Republic Of Nigeria V. Alh. Abubakar Maishanu & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

BRAHIM TANKO MUHAMMAD, J.S.C.

Facts relevant to this appeal as gleaned from the Record of Appeal are that the 3rd respondent, as an accused person, was arraigned before the Federal High Court, holden at Gusau, on the 16th day of December, 2011 charged with money laundering offence punishable under Section 7 (2)(b) of the Advance Fee Fraud and other Related Offences Act, 2006. He pleaded not guilty to the charge. On the 24th of January, 2012, the 3rd respondent was granted bail in the sum of N5m (Five Million Naira only) and two sureties, each, in the like sum.

The 1st and 2nd respondents, herein, stood sureties for the 3rd respondent and each entered into a Bail Bond in the stated sum of five million naira in fulfilment of the bail conditions. Upon execution of bail recognizance by the sureties (1st and 2nd respondents), the 3rd respondent was released from custody.

In the course of trial, the case came up on the 28th of March, 2013, for continuation but the 3rd respondent failed to appear in Court. Further, neither the 1st nor the 2nd of the respondents was in Court

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to explain the absence of the 3rd respondent. Thereafter, the operatives of the Economic and Financial Crimes Commission (EFCC) in execution of the arrest warrant granted by the trial Court, arrested the 3rd respondent and took him to Court on the 29th of April, 2013. The trial Court ordered the 3rd respondent to go back to custody. He remained in custody until judgment was delivered on the 13th day of June, 2013, whereby he was discharged and acquitted of the charge preferred against him.

Meanwhile, the prosecution made an instant oral application for the forfeiture of the bail bond. The learned trial judge directed, however, that the prosecution would better file a formal application to that effect, if desirable. The prosecution filed a Motion on Notice on 2/07/13 for forfeiture of the bail bond/recognizance and joined all the three present respondents as respondents to the application.

In the course of hearing, the said application (of 28/6/13), the appellant’s learned counsel applied to the learned trial judge to order for the appearance of the 3rd respondent for cross-examination.

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The 3rd respondent was the deponent to his own counter affidavit in the matter. The learned trial judge refused to grant the application stating that its grant would cause delay in the proceedings. The learned trial judge dismissed the application for forfeiture of bail bond/recognizance filed by the appellant. Appellant appealed to the Court below against the two decisions of the trial Court. The Court below, in its judgment of 3rd December, 2014, dismissed the appeal and affirmed the judgment of the trial Court. The appellant now appealed to this Court on seven grounds of appeal as contained in its Notice of Appeal dated 31st December, 2014.

In compliance with this Court’s Rules, the parties settled their respective briefs of argument including appellant’s reply brief.

The appellant formulated the following issues for determination:

1. “Whether the judgment of the Court of Appeal is supportable by the evidence contained in the printed record JUSTICES. (Grounds 5 and 6 of the ground of appeal)
2. Having regard to the peculiar circumstances of this case, whether the learned justices of the Court of Appeal were right to have relied on the Halsbury’s Laws

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of England (3rd edition) and the judicial authority of A. G. Federation v. Thadue Teixera De Fritas & Ors (CA/L/193/85) to dismiss the appeal. (Grounds 1, 2 and 4 of the ground of appeal).